0 Agreement or if the Consultant shall cease to provide the Services to the Company for any reason and take any action in violation of Section 7, the Company shall be entitled to institute and prosecute proceedings in any court of competent jurisdiction to enjoin the Consultant from breaching the provisions of Section 7. Confidential Information. understands his responsibilities with respect to the payment of these taxes. In such action, the Company shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security. at its own cost, shall procure, maintain, and keep in full force and effect insurance to protect Consultant and the Company in accordance with good industry practice from all claims that arise WHEREAS, the Company desires to retain the services of the Consultant and the Consultant is desirous and willing to accept such service arrangement and render such services, all upon and subject to the terms and conditions contained in this Agreement. The Consultant acknowledges that it is an independent contractor and that no employee of the Consultant shall be considered an employee of the Company. My experience as a former General Counsel of a premier edtech company gives me unique insight into the challenges my clients face and how to resolve them efficiently and cost-effectively. Any and all other rights granted to the Consultant under this Agreement shall terminate as of the date of such termination. This article discusses some procedural and administrative quirks that have emerged with the new tax legislative, regulatory, and procedural guidance related to COVID-19. shall not be required to plead or prove irreparable harm or lack of an adequate remedy at law or post a bond or any security. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties, intending to be legally bound, hereby agree as follows: 1. Survival. endstream endobj 176 0 obj <>/Metadata 17 0 R/PieceInfo<>>>/Pages 16 0 R/PageLayout/OneColumn/OCProperties<>/OCGs[177 0 R]>>/StructTreeRoot 19 0 R/Type/Catalog/LastModified(D:20110707141218)/PageLabels 14 0 R>> endobj 177 0 obj <. This Consulting Agreement (the "Agreement") is hereby entered into by and between Health Diagnostics Laboratory, Inc., (the "Company"), a Virginia corporation located at 737 N 5 th . Time shall be counted to, or from, as the case may be, the delivery in person or by mailing. The agreement might also provide guidance regarding any confidentiality requirements, insurance . Address and Telephone Number of Agent for Service of Process) If any of the Securities being registered on this Form S-8 are to be offered on a delayed or continuous basis pursuant to Rule 415 under the Securities Act of . Equitable Relief. Advice that culminates in the delivery of a product or nonadvisory service is thus merely an initial step in the delivery of the product or performance of the service and is not independently treated as consulting. Thanks for submitting. I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc. 0000001008 00000 n ARTICLE 2 - SERVICES 2.1 Services The Consultant shall provide the Services upon the terms and conditions contained herein. A consulting services agreement allows you to benefit from the knowledge of an expert consultant for a stated period of time by helping you clarify the terms of their involvement in your business, such as efficiency analysis or expansion estimates. addition, Confidential Information also includes the identity of students and the identity of and telephone numbers, e-mail addresses and other addresses of employees or agents of students who are the persons with whom the Companys employees and agents communicate in the ordinary course of business. Are these regulations appropriate sources of guidance? Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. 175 0 obj <> endobj Provided, however, that in lieu of the quarterly vesting, all RSUs shall vest earlier if the threshold in Section 4(b)(iii) is met. 199A, enacted in 2017, permits an individual (or other noncorporate taxpayer) a deduction of up to 20% of income from a qualified trade or business (Sec. 1202 does not define the term, and authorities under Sec. This Business Consulting Services Agreement (the "Agreement") is entered into effective as of May 29, . She is admitted to practice in Massachusetts and New York. Ensure security baselines, requirements are set up for hardening, patching, authentication, and vulnerability management. Each of the Company and the Consultant are hereinafter a Party and collectively the Parties.. All relationships between business users and the independent lawyers featured on this website will be governed by the individual engagement letters provided by each lawyer. 0000002291 00000 n Services. %PDF-1.6 % A consultant is usually an expert in their field with vast experience and extensive knowledge. The term "specified service trade or business" draws explicitly from Sec. 'Consulting' as used in Secs. Recognized for creating policies and practices to address ethical dilemmas and resolving misconduct. By establishing this mutually beneficial relationship up front, you can be sure that your business needs are being met in a timely manner. 199A regulations as a source of guidance for the meaning of consulting under Sec. Confidentiality. Governing Laws. 0000006634 00000 n That Consultant will only disclose Confidential Information to employees, agents or Subcontractors of Consultant who have a. need to know such information in order to carry out Consultants responsibilities hereunder, and only then to those who have been advised that such information is confidential and The division of this Agreement into Articles and Sections and the headings of any Articles or Sections are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. These legal documents are important for making sure you have a successful engagement with a consultant you may hire. Jim is an experienced attorney with broad-based expertise. This Agreement shall be construed in accordance with the laws of the State of Oklahoma (without regard to the legislative or judicial conflict of laws rules of any state), except to the extent superseded by Federal law. For more than three decades, the only authoritative interpretation given to the term "consulting" as used in the Code was the interpretation that appeared in the Sec. Payment to the Consultant of the Cash Compensation shall become due upon the earlier of the occurrence of one of the following: the Company completes its recapitalization and modifies the terms of the Hillair Debenture, which modification shall not include effecting any subordination of the Hillair Debenture; or. The Company shall issue the Consultant a Form 1099 for all payments made hereunder. The Consultant agrees to indemnify the Company against all losses, costs, demands, damages, expenses and claims %%EOF Prior Approval. Consultant shall not use time, materials, or equipment of the Company without the prior written consent of the Company. 1202 do not address its meaning. Sec. The Consultant acknowledges that it is not the legal representative or agent of the Company, nor does it have the power to obligate the Company, for any purpose other than specifically provided in this Agreement. During the Term, the Consultant shall act as a strategic advisor providing educational, business and financial advice services to the Company (the Services). Setup process and procedures for Security. The rights and obligations of the Company under this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Company. I have 4 years experience handling commercial breach of contract cases working with Burton Neil & Associates, P.C. Counterparts. Reference: One of the excluded business types is consulting. Sec. endstream endobj 324 0 obj <>/Metadata 28 0 R/OutputIntents[<>]/Pages 321 0 R/StructTreeRoot 39 0 R/Type/Catalog>> endobj 325 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Type/Page>> endobj 326 0 obj <>stream Angela is wonderful to work with. 448. The agreement protects you and the business from potential disputes. All rights reserved. 9847; see also Regs. employment policies, separation agreements, employment/independent contractor/consultant agreements, NDAs, brokerage relationship Each of the Company and the Consultant are hereinafter a Party and collectively the Parties.. endobj Jim received a J.D. These sections are linked to the below sample agreement for you to explore. Do you need help with a consulting services contract? In the event of a material default under this Agreement by either party, the other party may terminate this Agreement if such default is not cured within 10 days following delivery of written notice specifying and detailing the default complained of and demanding its cure. This article discusses the history of the deduction of business meal expenses and the new rules under the TCJA and the regulations and provides a framework for documenting and substantiating the deduction. Confidentiality. The amount of gain a taxpayer is eligible to exclude is subject to a limitation, generally, the greater of: (1) $10 million for all of the taxpayer's QSBS issued by the corporation; or (2) 10 times the aggregate adjusted bases of the corporation's QSBS disposed of by the taxpayer in the tax year (Sec. The relationship between users and ContractsCounsel are not protected as attorney-client privilege or as legal work product. WHEREAS, the Company desires to retain the services of the Consultant and the Consultant is desirous and willing to accept such service arrangement and render such services, all upon and subject to the terms and conditions contained in this Agreement. 448 proposed regulations "advice and counsel." ,'! The Company hereby engages and retains the Consultant and the Consultant hereby agrees to render services upon the terms and conditions hereinafter set forth. 4 0 obj Any and all other rights granted to the Consultant under this Agreement shall terminate as of the date of such termination. 1202(a) excludes capital gain recognized by noncorporate taxpayers on the sale of qualified small business stock (QSBS) of certain corporations. 0000002837 00000 n devices that are current in their anti-virus software and security patches and that are protected by a firewall; on portable electronic . This item discusses one such issue: What is a consulting business? CONSULTING SERVICES AGREEMENT BETWEEN DAVID COLORIS, EXCIPIO GROUP, S.A., AND NEW MILLENNIUM MEDIA INTERNATIONAL, INC. . << /Length 1 0 R /Filter /FlateDecode >> 199A(d)(2)(A)). 800,000 Restricted Stock Units (RSUs), vesting every three months in six equal increments (with fractions rounded up initially and then down) over an 18-month period provided that on each applicable vesting date (x) Andrew Kaplan continues to serve as a director of the Company and (y) either of the two provisions in Section 4(a) shall have occurred. The Consultant agrees that it shall indemnify and hold the Company, its affiliates, and agents, harmless from and against any judgments, fines, costs, or fees associated with such payments hereunder. Secs. State of Texas - questions regarding an online business (Nanny Placement Agency) in the Houston area. All records, files, materials and other Confidential Information obtained by the Consultant in the course of its Services to the Company are confidential and proprietary and shall remain the exclusive property of the Company or its students, as the case may be. Reference: Although Sec. Consultancy Agreement and for the 2 year period following the date of termination. The Confidential Information shall be held by the Consultant in the strictest confidence and shall not, without the prior written consent of the Company, be disclosed to any person other than in connection with the Consultants Services to the Company. Hiring a lawyer on ContractsCounsel is easy, transparent and affordable. The Consultant shall exercise all due and diligence precautions to protect the integrity of the Companys Confidential Information and to keep it confidential whether it is in written form, on electronic media or oral. Metyis | 43,903 followers on LinkedIn. Requirements include that the stock must be held by the taxpayer for more than five years. Clients Rate Lawyers on our Platform 4.9/5 Stars. Time shall be counted to, or from, as the case may be, the delivery in person or by mailing. Business Contract Lawyers: How Can They Help. This Consulting Agreement She earned her Juris Doctorate from New England Law | Boston and her LL.M. schedules when working at Companys facility(ies) or premises, and other Company rules and regulations, and Consultant shall be responsible for Consultants actions while on Company premises or otherwise providing the Services requested by Confidential Information includes, but is not limited to, trade secrets as defined by the common law and statutes in New York or any future New York statute, processes, policies, procedures, techniques including recruiting techniques, designs, drawings, know-how, show-how, technical information, specifications, computer software and source code, information and data relating to the development, research, testing, costs, marketing and uses of the Companys products and services, the Companys budgets and strategic plans, and the identity and special needs of students, databases, data, all technology relating to the Companys businesses, systems, methods of operation, student lists, student information, solicitation leads, marketing and advertising materials, methods and manuals and forms, all of which pertain to the activities or operations of the Company, names, home addresses and all telephone numbers and e-mail addresses of the Companys employees, former employees, clients and former clients. 2 0 obj Complete our 4-step process to provide info on what you need done. 1202 requirement is that the corporation must constitute a "qualified trade or business," which includes all trades or businesses other than the types explicitly excluded in Sec. Receive flat-fee bids from lawyers in our marketplace to compare. Assignability. Confidential Information includes, but is not limited to, trade secrets as defined by the common law and statutes in New York or any future New York statute, processes, policies, procedures, techniques including recruiting techniques, designs, drawings, know-how, show-how, technical information, specifications, computer software and source code, information and data relating to the development, research, testing, costs, marketing and uses of the Companys products and services, the Companys budgets and strategic plans, and the identity and special needs of students, databases, data, all technology relating to the Companys businesses, systems, methods of operation, student lists, student information, solicitation leads, marketing and advertising materials, methods and manuals and forms, all of which pertain to the activities or operations of the Company, names, home addresses and all telephone numbers and e-mail addresses of the Companys employees, former employees, clients and former clients. 0 Any action brought by either party against the other concerning the transactions contemplated by or arising under this Agreement shall be brought only in the state or federal courts of New York and venue shall be in New York County or the Southern District of New York. Accordingly, taxpayers must look to other sources to derive its meaning. directly or indirectly carry on, be engaged, assist or otherwise provide or perform any services of any nature to, for or on behalf of any legal or Please review our Privacy Statement and Terms of Use for additional information. The Confidential Information shall be held by the Consultant in the strictest confidence and shall not, without the prior written consent of the Company, be disclosed to any person other than in connection with the Consultants Services to the Company. Legitimate Business Interests. Atilla Z. Baksay is a Colorado-based attorney practicing transactional and corporate law as well as securities regulation. The taxpayer must have acquired the stock directly (or through an underwriter) from the issuing corporation (Sec. 1202 gain exclusion has been increasing, and the 21% federal corporate tax rate that went into effect for 2018 and following has made organizing a business as a C corporation more beneficial than it has been in decades. % Since founding my practice I've worked with hundreds of clients across a variety of industries. Get in touch below and we will schedule a time to connect! trailer The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies. For the avoidance of doubt, a direct competitor shall be deemed to be any online university or Internet-based postsecondary education company or the providing of any services to a college or university relating to online education. The remaining provisions of this Agreement shall be valid and binding and of like effect as though such provisions were not included. A consulting services contract is a legal document between a company and an individual or organization providing consulting to the company. The Company shall issue the Consultant a Form 1099 for all payments made hereunder. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between the Parties hereto with respect to the subject matter hereof. Skilled at executing corporate priorities, driving profitability by implementing goal-oriented processes to achieve revenue and productivity targets, and managing company litigation and outside counsel. Consultant shall fully comply with all of the Companys working and safety rules, working hours and holiday Provided further that if on an applicable vesting date clause (x) has not been met but clause (y) is met within the 18 month term, the earlier three month service provisions shall be deemed to have been met. In consideration for the Services to be rendered by the Consultant under this Agreement, the Company shall pay the Consultant a sum equal to $120,000 (the Cash Compensation). She opened her own practice in September of 2017 and represents hedge funds, financial services companies, and technology companies in a range of transactional matters. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. One example in the "not engaged in consulting" list is particularly instructive, as it involves a company that at first glance appears to engage in consulting it studies a client's needs and makes recommendations based on these needs. 17. By this Agreement, Client retains Coordinated Capital Securities, Inc., hereinafter referred to as "CCS", a SEC registered investment adviser to provide retirement plan consulting services on a nondiscretionary basis, to Client. A number of issues arise in determining whether, and to what extent, corporate stock qualifies for the Sec. Sec. Can a new employer ask for my last pay stub? If youre looking for a modern way for your small business to meet legal needs, I cant recommend them enough! 0000001323 00000 n In rendering consulting services under this Agreement, Consultant shall conform to high professional standards of work and business ethics. If a. consultant is to access classified information (i.e. If any restriction set forth in this Agreement is deemed unreasonable in scope, it is the Parties intent that it shall be construed in such a manner as to impose only those restrictions that are reasonable in light of the circumstances and as are necessary to assure the Company the benefits of this Agreement. The Company and the Consultant recognize that the Services to be rendered under this Agreement by the Consultant are special, unique and of extraordinary character, and that in the event of the breach by the Consultant of the terms and conditions of this. 448(d)(2)(A)). Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth. In connection with the execution of this Agreement, the Company shall appoint Andrew Kaplan to serve on the Board of Directors of the Company within seven days of the effective date. Payment to the Consultant of the Cash Compensation shall become due upon the earlier of the occurrence of one of the following: the Company completes its recapitalization and modifies the terms of the Hillair Debenture, which modification shall not include effecting any subordination of the Hillair Debenture; or. Consultant will perform those services described in the Statement of Work and by reference incorporated herein. Governing Law. Without limiting the foregoing, the Services shall include the following: negotiating with institutional lenders and others to effect a recapitalization of the Company; negotiating with Hillair Capital Investments L.P. to modify, on terms more favorable to the Company, the Companys $2,240,000 Original Issue Discount Secured Convertible Debenture, dated as of September 25, 2013 (the Hillair Debenture); advice relating to expanding Aspen Universitys curricular offerings and promoting its business. Im an attorney focusing my practice on concierge corporate and intellectual property law for startups and high-growth companies. Consultant has the right to refuse to accept any new Projects proposed by Company. Moreover, the preamble to the Sec. Sections 7, 8 and 12 through 18 shall survive termination . These legitimate business interests include, but are not limited to (i) trade secrets and valuable confidential business or professional information that otherwise does not qualify as trade secrets, including all Confidential Information; (ii) substantial relationships with specific prospective or existing students; (iii) student goodwill associated with the Companys business; and (iv) specialized training relating to the Companys business, technology, methods and procedures. Agreement. The U.S. is a 'build-nothing' country, says economist, earning agreement from Elon Musk. Secretary of Office of Policy and Management to establish standards. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, except by a statement in writing signed by the party or Parties against whom enforcement or the change, waiver discharge or termination is sought. The Company shall carry no workers compensation insurance or any health or accident insurance to cover the Consultant or its employees. hold a security clearance) to do the user's. work, the user must sponsor the consultant's security clearance. Afterwards, Atilla joined a Colorado law firm practicing civil litigation, where the majority of his practice comprised of construction defect suits. The regulations also provide examples that illustrate the scope of "advice and counsel" and indicate that the answer turns on whether the advice and counsel complement other services provided. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions. 199A regulations adopt the same terms used in the Sec. Provided further that if on an applicable vesting date clause (x) has not been met but clause (y) is met within the 18 month term, the earlier three month service provisions shall be deemed to have been met. GRANT PHILLIPS LAW, PLLC. Based merely on a colloquial use of the term, there is no clearly correct answer. The relationship between users and ContractsCounsel are not protected as attorney-client privilege or as legal work product. 199A regulations states that determining whether a particular business is an SSTB and therefore excluded from being a qualified trade or business requires a facts-and-circumstances analysis (T.D. Placement Agency ) in the Houston area to connect for hardening,,! 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